Diary of Thomas Burton Esq: Volume 2, April 1657 - February 1658. Originally published by H Colburn, London, 1828.
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Thursday, June 25, 1657.
A Report was made from the Committee appointed to attend his Highness last night, that he will meet the House in the Painted Chamber to-morrow at twelve to pass Bills, &c. (fn. 1)
Resolved, that presently after the passing of the Bills, the solemnity shall be performed in Westminster-hall, according to the form voted last night.
Mr. Bacon offered the Report for Lady Worcester. (fn. 2)
Lord Lambert moved it very feelingly.
The Lord Deputy's motion to read the Bill of Attainder, thrust it out, and it was ordered to be reported the first business in the afternoon.
The Bill of Attainder was read, and several provisos passed upon it. They came in so thronging till one o'clock, that the House was forced to pass a vote that all provisos that were not now brought to the table should not be received: as they did in the case of the Bill for Excise, Customs, and Buildings; and the debate was adjourned till three o'clock.
The House resumed the debate upon the Bill of Attainder, and several provisos were offered.
I offered one at Mr. Rushworth's (fn. 3) and Mr. Collingwood's instance, to except all children under five years of age, who claim not by descent from their ancestors, out of the penalty of this Act; so as they make out their claim within the time limited; but
Major Morgan and Major Aston moved against it, and the sense of the House was so, that it had not so much as a reading.
The Bill so amended, passed, and was ordered for his Highnesses consent.
Mr Secretary. Your time is short, and his Highness is to meet you to-morrow at twelve o'clock, and there is one thing material to be done before you rise. It is the explanatory Petition and Advice.
This was read accordingly.
Mr. Secretary offered a clause touching the members of Scotland, and explaining what is meant by " signal testimony." That if his Highnesses Council have employed them, and they be of good conversation, they may not hereby be declared uncapable. It will be a reflection on General Monk. (fn. 4)
Colonel Cooper moved against the clause. The proviso was large enough.
Colonel Jones. You cannot omit the clause. It will not be for your service to make all Scotland without a magistrate. It is a reflection upon your Council, and it will be made Out that this does not take in old malignants.
Lord Lambert moved, that the coherents might be read, to explain it.
Major-General Disbrowe. I move against this clause. It will be a gap to let in your greatest enemies, and set a high favour upon the greatest transgressors.
Judge Lawrence. I. would have this proviso taken in. It is a dangerous thing to half trust men. If they had not taken up these offices, your business had laid to the ground. They are lost as to the other party, by your employing them Many of them are received into all places; some in the Council, some sheriffs, some justices, &c. You cannot debar the sons, and I had as well have the fathers.
Colonel Cox moved for the clause, for the very reasons used against it.
The Lord Deputy. I move against the clause. It is dangerous, for a particular favour to some persons, to let in all. The state of Scotland is to be looked upon as to the consequence, so I would have you give a check to this spirit of old malignants that is growing, and I doubt will be fatal to this nation.
Major-General Goffe. There is no need of the proviso; it is well provided for already.
Major-General Disbrowe. The Council have not meddled with putting in provosts or bailiffs; but only with justices of the peace and the like. Yet, of all the officers, not a word of a compliment ever to the Council, of any of them.
I shall lay down the necessity of the clause. You have excluded all that advised, assisted, &c. and so were taken in. If it be thus large, there will not be one left out of exceptions.
The difference in Scotland was but only about the Argyle and Hamilton families, and not out of any affection to you. The Hamilton party were the looser sort, yet some good men were drawn in; such as, I think, none in your House will say but they are honest men. The truth is, they were all a mass of Cavaliers, and unless out of this lump we can pick out the best—
If you set one of this party on horseback, they will make work for you, and raise distempers. I am unwilling to speak of it in this place, but to choose honest men out of both parties. Those that you intrusted there, I dare say, would be as lothe to let in ungodly men as any. I shall say no more. This very party that are pleaded for, were those that fetched in Charles Stuart, your grand enemy. This party will not come in to you yet, but preach against those that come in to you, and excommunicate them. They refused the magistrates of Edinburgh from the sacrament, for three years; and some durst not stir out for a year, for fear of being knocked on the head for complying with you.
Judge Smith. I move some addition to the clause: " and have constantly appeared true and faithful in their trust." I know the Council are as careful of admitting persons into trust as possibly can be.
Colonel Sankey. I stand up to vindicate that party that are so much reflected upon. Did not they first own your quarrel. True they were also for the King; but this was upon the account of the covenant and conscience. I move that there be a discrimination, and that you would reject that proviso.
Colonel Stewart. If you pass that Bill, you. will, at one blow, set aside all the magistrates in Scotland. Some that, haply, were not capable of serving you before, by their coming in betimes, and their constant faithfulness, are now capable.
Lord Lambert made a long speech against the clause.
The question being put, upon the second reading of the clause,
Mr. Speaker declared for the Yeas.
Major-General Packer for the Noes.
Mr. Upton went out, upon the exceptions, so that the House could not divide. He came in again, and the House was divided. The Yeas went forth.
Noes 66. Lord Lambert and Lord Strickland, Tellers.
Yeas 62. Lord Eure and Alderman Foot, Tellers. (fn. 5)
So it passed in the affirmative; and the petition was, upon the question, passed.
Ordered, that this petition be presented to his Highness for his consent.
Resolved, that the oath to be taken by the Lord Protector, be ingrossed in a roll of vellum; and entry made thereupon, of the time and place of his Highnesses taking the said oath; and that the same do remain, as a record of Parliament, to be made use of in future times; and that the said oath be also recorded in the four courts of Westminster; viz. the Chancery, Upper-Bench, Common-Pleas, and Exchequer.
Resolved, that there be a purple robe, (fn. 6) lined with ermine, a bible, a sceptre, and a sword, provided for the investiture of the Lord Protector.